Approval by General Assembly; Alternative to Passage by Legislature; Emergency Actions by Water Council in Event of Imminent Peril; Review and Revision of Plan

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Comprehensive State-Wide Water Management Planning
  6. Approval by General Assembly; Alternative to Passage by Legislature; Emergency Actions by Water Council in Event of Imminent Peril; Review and Revision of Plan

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      1. No comprehensive state-wide water management plan submitted by the Water Council pursuant to this article shall have any force or effect unless approved by the General Assembly by means of the adoption of a joint resolution ratifying such plan, except as otherwise provided by this subsection. Upon the loss of any such resolution, the Water Council may submit successive alternate plans to the General Assembly not later than the twentieth day of the session for approval during such session.
      2. Subject to the same development process as provided by subsections (a) and (b) of Code Section 12-5-523 and review, modification if necessary, and approval by the Water Council in the same manner provided by subsection (b) of Code Section 12-5-524, the division may subsequently propose to amend or repeal a plan approved under subparagraph (A) of this paragraph; but no such proposed amendment or repeal shall become effective unless an initial version thereof is submitted to the General Assembly not later than the first day of a session and the amendment or repeal is approved by the General Assembly in the same manner as provided by subparagraph (A) of this paragraph.
    2. In lieu of approving a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection, the General Assembly may enact a statutory comprehensive state-wide water management plan.
    3. If:
      1. The General Assembly fails to approve a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection during the session in which such a proposed plan was timely presented by the Water Council to the General Assembly for approval; and
      2. A statutory comprehensive state-wide water management plan provided by an Act of the General Assembly that expressly supersedes any and all comprehensive state-wide water management plans submitted by the Water Council to the General Assembly for approval does not become law on or before July 1 next occurring after the session in which such a proposed plan was timely submitted by the Water Council to the General Assembly for approval,

        then the comprehensive state-wide water management plan submitted latest in time but not later than the twentieth day of the session by the Water Council to the General Assembly shall become of full force and effect without the approval of the General Assembly on July 1 next occurring after the session in which such proposed plan was timely presented to the General Assembly for approval.

  2. If at any time after a comprehensive state-wide water management plan has become effective under subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that there is an actual or impending emergency or disaster of natural or human origin or a public health emergency within or affecting the state and that strict compliance with any provision or provisions of such plan presents an imminent peril to the public health, safety, or welfare and states in writing his or her reasons for those findings, the Water Council may approve a temporary waiver of such provision or provisions but only to the extent necessary to alleviate the peril. Such waiver shall be effective upon such approval by the Water Council and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs.
  3. After a comprehensive state-wide water management plan becomes effective pursuant to subsection (a) of this Code section, the division shall review such plan in its current form not later than July 1, 2010, and at least every three years thereafter, for purposes of determining whether revision of such plan is necessary or appropriate for recommendation.

(Code 1981, §12-5-525, enacted by Ga. L. 2004, p. 711, § 2; Ga. L. 2005, p. 60, § 12/HB 95.)

Editor's notes.

- By resolution (Ga. L. 2008, p. 1), effective February 6, 2008, the General Assembly ratified the comprehensive state-wide water management plan that the Water Council adopted on January 8, 2008, and submitted to the General Assembly on January 14, 2008. The plan was filed with the office of the director of the Environmental Protection Division.

ARTICLE 9 FLINT RIVER DROUGHT PROTECTION

Cross references.

- State-wide water management planning, T. 12, C. 5, A. 8.

Authority to contract with Georgia Environmental Facilities Authority to implement or operate any drought protection program, § 50-23-5.

Law reviews.

- For note on 2000 enactment of O.C.G.A. §§ 12-5-540 to12-5-550, see 17 Ga. St. U.L. Rev. 29 (2000).

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agriculture, § 35.

78 Am. Jur. 2d, Waters, § 140.

C.J.S.

- 94 C.J.S., Waters, §§ 888 et seq., 908 et seq.


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